Jurist-Diction
Vol. 9 No. 3 (2026): Volume 9 No. 3, September 2026

Quo Vadis Surrogate Mother Practices Based on The Indonesian Legal System

Retno Meilani (Universitas Gadjah Mada)
Zainul Rahman (Universitas Padjajaran)
Vina Hardyana Infantri (Universitas Gadjah Mada)
Danang Prwaito (Universitas Muhammadiyah Malang)



Article Info

Publish Date
21 Oct 2026

Abstract

Advances in health technology such as In Vitro Fertilization (IVF) have given rise to the practice of surrogate motherhood as an alternative for couples to have children. A number of countries have legalized surrogacy, but Indonesia does not yet have specific regulations on surrogacy. This study aims to analyse the direction of resolving the practice of surrogate motherhood in the Indonesian legal system, which currently faces a regulatory vacuum, overlapping norms, and ethical and religious challenges. This study uses a qualitative approach with descriptive analysis methods, then identifies that surrogate mother practices in Indonesia have been occurring secretly and without adequate legal supervision. The findings show that there is no legal certainty, resulting in the risk of violations of women's and children's rights, as well as creating uncertainty regarding the legal status of children born through surrogacy, thus necessitating regulations in Indonesian positive law. Comprehensive and contextual legal regulations, based on positive law, social values, and religious norms, are expected to guarantee the protection of the rights of all parties and avoid exploitative and unethical practices.

Copyrights © 2026






Journal Info

Abbrev

JD

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aims of Jurist-Diction is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...